Francisco v. Affiliated Urology Ltd, No. CV-23-0152-PR (August 16, 2024) (J. Montgomery) https://www.azcourts.gov/Portals/0/OpinionFiles/Supreme/2024/CV230152PR.pdf FAILURE TO WARN PATIENT OF RISKS OUTLINED IN DRUG PACKAGING BEFORE PRESCRIBING MEDICATION INADEQUATE WITHOUT EXPERT TESTIMONY TO ES...
Gallery Comunity Ass'n v. K. Hovnanian at Gallery, LLC, No. 1 CA-CV 23-0375 (App. Div. I, August 6, 2024) (J. Jacobs) https://www.azcourts.gov/Portals/0/OpinionFiles/Div1/2024/1%20CA-CV%2023-0375%20Gallery%20v.%20K.%20Hovnanian.pdf A.R.S. § 33-2002(A) AUTHORIZES HOA TO BRING LAWSUIT FOR STRUCTUR...
I am loving the First Day of School photos that friends are sending me and that are popping up on my social media. It's bittersweet for me – for the first time in a long time, I don't have a kid starting school this week. My K-12 parenting career has ended. Now I look forward to hauling IKEA mov...
Over the past several months, there has been a great deal of reporting that women and minorities are more likely than white males to be the victims of poor health care. https://www.nbcnews.com/health/health-news/medical-mistakes-are-likely-women-minorities-rcna133726 According to researchers, w...
Stalker & Parson Cos., Inc. v. Scottsdale Ins. Co., No. CV-21-0256-CQ (July 10, 2024) (J. Beene) https://www.azcourts.gov/Portals/0/OpinionFiles/Supreme/2024/CV210256CQ.pdf LOADING & UNLOADING (TO INCLUDE TRANSPORTATION OF LOAD BETWEEN LOADING AND UNLOADING) OF VEHICLE CONSTITUTES “USE” OF INSUR...
The aftermath of a serious injury can be overwhelming. Medical bills pile up, and the path to recovery can seem long and uncertain. If your injury was caused by someone else's negligence, you may be considering legal action. Know this - Arizona law imposes a strict deadline for filing a personal ...
Carter v. BNSF Railway Co., No. 1 CA-CV 23-0164 (App. Div. I, June 25, 2024) (J.Cattani)) https://www.azcourts.gov/Portals/0/OpinionFiles/Div1/2024/1%20CA-CV%2023-0164.pdf LOCOMOTIVE PARKED ON SIDERAIL AWAITING REPAIRS IS NOT “IN USE” TO CREATE STRICT LIABILITY FOR INJURY AGAINST RAILWAY COMPANY...
Evidence: Admissibility of Personnel Record and Driving History of Defendant's Employee in Damages Only Trial Roaf v. Stephen S. Rebuck Consulting, LLC, No. CV-23-0233-PR (June 25, 2024) (C.J. Brutinel) https://www.azcourts.gov/Portals/0/OpinionFiles/Supreme/2024/CV230233PR.pdf WHERE DEFENDANT ...
Ted Schmidt, managing partner of Schmidt, Sethi & Akmajian, has been elected President of the State Bar of Arizona Board of Governors. Ted is a longtime Tucson resident and graduate from the University of Arizona liberal arts college and University of Arizona College of Law in 1977. “It's an h...
Silverman v. Ariz. Dept. of Economic Sec., No. CV-23-0181-PR (June 3, 2024) (J. Timmer) https://www.azcourts.gov/Portals/0/OpinionFiles/Supreme/2024/CV230181PR.pdf INVESTIGATIVE JOURNALIST MAY QUALIFY UNDER BONA FIDE RESEARCH EXCEPTION TO CONFIDENTIALITY PROTECTION OF VULNERABLE ADULT RECORDS ...
Fong v. City of Phoenix, No.1 CA-CV 23-0520 (App. Div. I, June 6 , 2024) (J.Kiley) https://www.azcourts.gov/Portals/0/OpinionFiles/Div1/2024/1%20CA-CV%2023-0520%20Fong%20v.%20City%20of%20Phx%20OP.pdf WHERE CONSTRUCTION SIGNAGE, BARRICADES AND FLAGMAN FAILED TO DETOUR BIKE LANE TRAFFIC AWAY FROM ...
Smith v. Olsen, No. 1 CA-CV 22-0565/1 CA-CV 23-0041 (App. Div. I May 30, 2024) (J.Jacobs) https://www.azcourts.gov/Portals/0/OpinionFiles/Div1/2024/1%20CA-CV%2022-0565%20Smith%20v.%20Olsen.pdf ARIZ R. CIV. PROC. 16 & 37 AUTHORIZES TRIAL COURT TO BAR DEFENDANT FROM OBJECTING TO PLAINTIFF'S TRIAL...
In re the Matter of Annette Wood, No. 1 CA-CV 22-0710 (App. Div. I May 30, 2024) (J.Howe) https://www.azcourts.gov/Portals/0/OpinionFiles/Div1/2024/FINAL%20CV%2022-0710%20Wood%20v.%20Coconino%205.29.2024.docx.pdf ARIZONA GUARDIANSHIP STATUTES- A.R.S. §§ 14-5101(3), -5304, & -5304.02 UNCONSTITU...
Star Pass Resort Developments, LLC v. Pima County, No. 2 CA-CV 2023-0082 (App. Div. II, May 22, 2024) (J. Sklar) https://www.appeals2.az.gov/decisions/CV20230082Opinion.pdf TRIAL COURT HAS WIDE DISCRETION IN CONVERTING MOTION TO DISMISS INTO MOTION FOR SUMMARY JUDGMENT AND MAY DO SO BEFORE ANSWE...
In a significant legal development, the Supreme Court has declined to hear an appeal from California prison officials seeking immunity from lawsuits related to the deadly COVID-19 outbreak at San Quentin in May 2020. The court's decision, issued without comment or dissent, allows lawsuits from fa...
Perez v. Circle K Convenience Stores, Inc., No. 1 CA-CV 22-0425 (App. Div. I, April 9,2024) (J. Foster) https://www.azcourts.gov/Portals/0/OpinionFiles/Div1/2024/Perez%20-%20Final.pdf WHERE PLAINTIFF HAD VISITED STORE 25-30 TIMES, WAS FAMILIAR WITH END AISLE DISPLAYS AND WHERE PLAINTIFF ADMITTED...
Jury selection – also called Voir Dire – has been in the news this week. With the first criminal trial of a former President getting underway, the process of finalizing the 12 individuals who will return a verdict has become an item of intense interest. Lawyers and court watchers were surprised t...
Sanchez-Ravuelta v. Yavapai County, No. 2 CA-CV 2023-0059 (App. Div. II, April 3, 2024) (J. Eckerstrom) https://www.appeals2.az.gov/decisions/CV20230059Opinion.pdf LAWSUIT AGAINST GOVERNMENTAL ENTITY IN ARIZONA MUST BE PRECEDED BY A TIMELY NOTICE OF CLAIM WHICH MUST SET FORTH FACTS SUFFICIENT TO...
Artificial intelligence now influences many professions, from education, financial analysis and increasingly in healthcare. How might concerns about medical malpractice liability impact the use of AI in medicine? This was the topic of a recent study by Jons Hopkins University. https://carey.jh...
State Farm Mut. Auto. Ins. Co. v. Frank, No. 1 CA-CV 23-0282 (App. Div. I, March 21, 2024) (J. Catlett) https://www.azcourts.gov/Portals/0/OpinionFiles/Div1/2024/CV%2023-0282%20State%20Farm.pdf AUTO POLICY UIM COVERAGE NOT AVAILABLE TO INSURED WHERE TIME LIMIT OF 3 YEARS TO FILE CLAIM FOR ARBITR...
Martinez v. Zuniga, No. 2 CA-CV 2023-0214-FC (App. Div. II, March 21, 2024) (J. Vasquez) https://www.appeals2.az.gov/decisions/CV20230214Opinion.pdf ARIZONA COURTS MUST HAVE PERSONAL JURISDICTION OVER A DEFENDANT BEFORE IT HAS ABILITY TO ISSUE PROTECTIVE ORDER AGAINST DEFENDANT/THE “MINIMUM CONT...
In our office we have had some interesting conversations lately about the internet of things. The internet of things (IoT) describes devices with sensors, processing ability, software, and other technologies that connect and exchange data over the internet or other communications networks. Imag...
Costaras v, Costaras, No. 1 CA-CV 23-0286 (App., Div. I, March 7, 2024) (J. Williams) IF LAWS OF STATE OF RENDITION OF A REVIVED JUDGMENT TREAT REVIVIED JUDGMENT AS A NEW JUDGEMENT ARIZONA'S FOREIGN JUDGEMENT LIMITATION STATUTE BEGINS TO RUN ON DATE OF REVIVED JUDGMENT Husband and wife divorce...
In a recent medical malpractice case in Iowa arising out of a birth injury, the jury awarded $97 million to the plaintiff (later reduced by the judge to $75 million). Birth injury cases can and do generate verdicts in the tens of millions of dollars due to the staggering cost of lifetime care fo...
Garibay v. Johnson, No. 2 CA-SA 2023-0091 (App. Div. II, February 14, 2024) (J. O'Neil) https://www.appeals2.az.gov/decisions/SA20230091Opinion.pdf CONSTABLES ARE JUDICIALLY IMMUNE FROM CLAIMS OF NEGLIGENCE OR GROSS NEGLIGENCE WHEN SERVING A WRIT Plaintiffs' decedent Angela Fox was an apartment...
